Where Should You Store Cannabis in Your Vehicle In Canada?
By Arthur Dubois | Published on 18 Aug 2023
The legalization of cannabis in Canada marked a significant milestone in the country’s history. However, with this newfound freedom comes a host of responsibilities and regulations, particularly when it comes to transport and storage.
For instance, a Newfoundland judge convicted a driver in 2019 after police found his passenger marijuana leaves and rolling papers. The driver defended himself by saying the joint wasn’t “readily available” since it wasn’t intact. However, the judge reasoned it was still within his reach.
Conversely, another Newfoundland driver went free even though one of her passengers had a bong and jar of weed. She denied knowing her friend had them and the judge agreed she shouldn’t have to search her passengers.
Both faced charges of unlawfully carrying cannabis in a vehicle, with different consequences. Why? In this article, we’ll delve into Canadian cannabis laws and examine the legal implications of transporting cannabis. Finally, we’ll share some best practices when storing cannabis in your vehicle.
Understanding Canada’s Cannabis Laws
Getting to grips with Canada’s cannabis laws saves you from breaking the law when handling or transporting cannabis. These laws, particularly regarding storage in vehicles, aim to ensure the safety of all individuals involved.
Canada’s cannabis laws have undergone significant changes in recent years with the introduction of the Cannabis Act in 2018. This landmark legislation made it legal to use cannabis for recreational purposes. At the same time, it brought about a range of regulations to govern its use.
The Cannabis Act: A Brief Overview
The Cannabis Act outlines the do’s and don’ts of cannabis usage. It covers various aspects, such as age restrictions, purchase locations, possession limits and, significantly for this discussion, transportation regulations.
Primarily, the Cannabis Act tries to strike a balance between allowing responsible cannabis use and ensuring public safety. For example, it stipulates that Canadians can possess up to 30 grams of cannabis.
Under the Act, it is illegal to transport cannabis within reach of the driver or any passengers in a vehicle. This means you must store it in a sealed container placed in the trunk or another area of the vehicle. These regulations prevent impaired driving and reduce the risk of cannabis falling into the hands of underage individuals.
Meanwhile, Canadian taxi and bus drivers are exempt from legal implications of their passengers carrying cannabis.
Provincial and Territorial Regulations on Cannabis
In addition to the Cannabis Act, provinces and territories in Canada have the power to set their own local regulations when it comes to the transport of cannabis. This means that the rules and penalties can vary by degree depending on where you are in the country. However, the federal law still applies.
Province or Territory | Regulation requirement |
British Columbia | In a sealed package or inaccessible to any passengers; for live plants, no more than four cannabis plants that are not flowering |
Alberta | Secured in closed packaging and not within reach of the driver or passengers |
Saskatchewan | Allowed in a vehicle, provided it is not being ingested, it was bought legally and heads to a place where it will be legally ingested |
Manitoba | Stored in a secure compartment, like a trunk |
Ontario | Sealed or not readily available to anyone in the vehicle |
Quebec | No restrictions explicitly stated in provincial laws |
New Brunswick | No restrictions explicitly stated in provincial laws |
Nova Scotia | Closed in a package that fastens closed and out of reach from anyone in the vehicle |
Prince Edward Island | Secure and inaccessible to anyone in the vehicle if opened |
Northwest Territories | Unopened or stored in a place out of reach for any passengers |
Yukon | Closed in a container and inaccessible to all passengers |
Nunavut | Not within reach of anyone in a vehicle |
The Legal Implications of Transporting Cannabis in Canada
Transporting cannabis in your vehicle in Canada involves several key legal aspects. While many people know the basic rules surrounding cannabis possession and consumption, the transportation regulations remain equally important to understand.
For example, the law mandates that cannabis must be stored in a specific manner to ensure safety and compliance. Further, you can drive with cannabis into different provinces, as long as you are old enough to legally possess it. For instance, the legal age to consume cannabis varies from 18 in Alberta to 21 in Quebec and 19 everywhere else.
On the other hand, you can never take any cannabis in any form across a Canadian border. This applies even if it serves a medicinal purpose or goes into a U.S. state that legalized cannabis. The rules prevent you from driving or flying with weed out of Canada.
Penalties for Improper Storage of Cannabis in Vehicles
Failure to comply with regulations related to storage of cannabis in vehicles can result in serious consequences. According to the law, cannabis must stay in sealed, inaccessible, and out-of-reach places from the driver and passengers.
Violating these rules can lead to penalties that vary depending on the severity and recurrence of the offense. Penalties may range from fines of up to $200 and can extend beyond legal consequences. If police believe you transport cannabis to sell it illegally, a conviction can have long-lasting effects on an individual’s personal and professional life. At their worst, they can block you from obtaining employment or traveling internationally.
The Impact of Cannabis Use on Drivers
Recent surveys show that 26 percent of Canadians have driven after consuming cannabis. They give a variety of reasons, such as not having another ride or feeling safe to drive. In other cases, they say they didn’t have far to go and didn’t expect to get caught.
However, cannabis use affects individuals uniquely. How much it impacts your driving skills depends on how much you take, how you consumed it and if you’re a regular user. As a result, the law doesn’t state the level of cannabis consumption makes one unsafe to drive.
Even if you don’t feel it, driving high (also known as impaired driving) affects your ability to stay focused and alert. Cannabis and other drugs slow your motor skills and reaction times, including making good driving decisions.
In short, avoid cannabis use before driving to keep you and others safe. Therefore, keeping it out of reach helps you resist temptation. Each province and territory have distinct penalties for impaired driving from fines to jail time and loss of drivers’ licences.
Cannabis Use and Your Insurance Rates
As with any infraction, the severity reflects how much your car insurance rates could change. For instance, if you get caught driving while high, that could label you as a high-risk driver. As a result, your insurance premiums would go up.
Comparatively, a ticket for improper storage of cannabis has a lesser impact – at first. However, if you get two tickets, your rates could rise as much as 20 percent. Each one after that could increase your premiums even further. Therefore, it saves you money to drive with your cannabis safety stashed away.
Best Practices for Storing Cannabis in Your Vehicle
These repercussions definitely paint a clear picture of why you need to take care when storing cannabis in your vehicle. These best practices protect you from breaking the law:
Ideal Containers for Cannabis Storage
First, store cannabis in air-tight and child-proof containers, such as the original packages in which you buy it. These containers help comply with the law while preventing any spills or leaks during transportation.
If you lost the original package of your cannabis, instead use a glass jar with a rubber seal. These containers provide an airtight seal, keeping the cannabis fresh and preventing any odors from escaping. Additionally, child-proof containers add an extra layer of security, since the cannabis remains inaccessible to children or teens.
Optimal Locations within the Vehicle for Cannabis Storage
The Cannabis Act stipulates that cannabis must stay out of reach of the driver and any passengers. This regulation prevents any potential distractions while driving.
Optimally, placing cannabis in the trunk keeps it out of reach and provides a secure and concealed space. If your vehicle lacks a trunk, you could always lock it in your glove compartment.
Naturally, we recommend against storing cannabis on the dashboard or in the center console in the passenger compartment. This not only violates the law but also increases the risk of theft.
By storing cannabis in the designated areas within your vehicle, you can comply with the law. Further, you maintain the safety and security of both yourself and others on the road.